Private property to public property: the beginnings of the national forests in the south
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- ESTABLISHMENT OF NATIONAL FORESTS IN THE SOUTH
- Nantahala
- Monongahela
- Croatan
- Delta
- PRIVATE PROPERTY TO PUBLIC PROPERTY: THE BEGINNINGS OF THE NATIONAL FORESTS IN THE SOUTH
WEEKS ACT OF 1911 Public Law 435 H.R. 11798 AN ACT To enable any State to cooperate with any other State or States, or with the United States, for the protection of the watersheds of navigable streams, and to appoint a commission for the acquisition of lands for the purpose of conserving the navigability of navigable rivers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent of the Congress of the United States is hereby given to each of the several States of the Union to enter into any agreement or compact, not in conflict with any law of the United States, with any other State or States for the purpose of conserving the forests and the water supply of the States entering into such agreement or compact. SEC. 2. That the sum of two hundred thousand dollars is hereby appropriated and made available until expended, out of any moneys in the National Treasury not otherwise appropriated, to enable the Secretary of Agriculture to cooperate with any State or group of States, when requested to do so, in the protection from fire of the forested watersheds of navigable streams; and the Secretary of Agriculture is hereby authorized, and on such conditions as he deems wise, to stipulate and agree with any State or group of States to cooperate in the organization and maintenance of a system of fire protection on any private of state forest lands within such State or States and situated upon the watershed of a navigable river: Provided, That no such stipulation or agreement shall be made with any State which has not provided by law for a system of forest-fire protection: Provided further, That in no case shall the amount expended in any State exceed in any fiscal year the amount appropriated by that State for the same purpose during the same fiscal year. SEC. 3. That there is hereby appointed, for the fiscal year ending June thirtieth, nineteen hundred and ten, the sum of one million dollars, and for each fiscal year thereafter a sum not to exceed two million dollars for the use of the examination, survey, and acquirement of lands located on the headwaters of navigable streams or those which are being or which may be developed for navigable purposes: Provided, That the provisions of this section shall expire by limitation on the thirtieth day of June, nineteen hundred and fifteen. SEC. 4. That a commission, to be known as the National Forest Reservation Commission, consisting of the Secretary of War, the Secretary of the Interior, and Secretary of Agriculture, and two members of the Senate, to be selected by the President of the Senate, and two members of the House of Representatives, to be selected by the Speaker, is hereby created and authorized to consider and pass upon such lands as may be recommended for purchase as provided in section six of this Act, and to fix the price or prices at which such lands may be purchased, and no purchase shall be made of any lands until such lands have been duly approved for purchase be said commission; Provided, That the members of the commission herein created shall serve as such only during their incumbency in their respective official positions, and any vacancy on the commission shall be filled in the manner as the original appointment. SEC. 5. That the commission hereby appointed shall, through its president, annually report to Congress, not later than the first Monday in December, the operations and expenditures of the commission, in detail, during the preceding fiscal year. SEC. 6. That the Secretary of Agriculture is hereby authorized and directed to examine, locate, and recommend for purchase such lands as in his judgment may be necessary to the regulation of the flow of navigable streams, and to report to the National Forest Reservation Commission the results of such examination: Provided, That before any lands are purchased by the National Forest Reservation Commission said lands shall be examined by the Geological Survey and a report made to the Secretary of Agriculture, showing that the control of such lands will promote or protect the navigation of streams on whose watersheds they lie. SEC. 7. That the Secretary of Agriculture is hereby authorized to purchase, in the name of the United States, such lands as have been approved for purchase by the National Forest Reservation Commission at the price or prices fixed by said commission: Provided, That no deed or other instrument of conveyance shall be accepted or approved by the Secretary of Agriculture under this Act until the legislature of the State in which the land lies shall have consented to the acquisition of such land by the United States for the purpose of preserving the navigable streams. SEC. 8. That the Secretary of Agriculture may do all things necessary to secure the safe title in the United States to the lands to be acquired under this Act, but no payment shall be made for any such lands until the title shall be satisfactory to the Attorney-General and shall be vested in the United States. SEC. 9. That such acquisitions may in any case be conditioned upon the exception and reservation to the owner from whom title passes to the United States of the minerals and of the merchantable timber, or either or any part of them, within or upon such lands at the date of the conveyance, but in every case such exception and reservation and the time within such timber shall be removed and the rules and regulations under which the cutting and removal of such timber and the mining and removal of such minerals shall be done shall be expressed in the written instrument of conveyance, and thereafter the mining, cutting, and removal of the minerals and timber so excepted and reserved shall be done only under and in obedience to the rules and regulations so expressed. SEC. 10. That inasmuch as small areas of land chiefly valuable for agriculture may of necessity or by inadvertence be included in tracts acquired under this Act, the Secretary of Agriculture may, in his discretion, and is hereby authorized, upon application or otherwise, to examine and ascertain the location and extent of such areas as in his opinion may be occupied for agricultural purposes without injury to the forests or to stream flow and which are not needed for public purposes, and may list and describe the same by metes and bounds, or otherwise, and offer them for sale as homesteads at their true value, to be fixed by him, to actual settlers, in tracts not exceeding eighty acres in area, under such joint rules and regulations as the Secretary of Agriculture and the Secretary of the Interior may prescribe; and in case of such sale the jurisdiction over the lands sold shall, ipso facto, revert to the State in which the lands sold lie. And no right, title, interest, or claim in or to any lands acquired under this Act, or the waters thereon, or the products, resources, or use thereof after such lands shall have been so acquired, shall be initiated or perfected, except as in this section provided. SEC. 11. That, subject to the provisions of the last preceding section, the lands acquired under this Act shall be permanently reserved, held, and administered as national forest lands under the provisions of section twenty-four of the Act of March third, eighteen hundred and ninety-one (volume twenty-six, Statutes at Large, page eleven hundred and three), and Acts supplemental to and amendatory thereof. And the Secretary of Agriculture may from time to time divide the lands acquired under this Act into such specific national forests and so designate the same as he may deem best for administrative purposes. SEC. 12. That the jurisdiction, both civil and criminal, over persons upon the lands acquired under this act shall not be affected or changed by their permanent reservation and administration as national forest lands, except so far as the punishment of offenses against the United States is concerned, the intent and meaning of this section being that the State wherein such land is situated shall not, by reason of such reservation and administration, lose its jurisdiction nor the inhabitants thereof their rights and privileges as citizens or be absolved from their duties as citizens of the State. SEC. 13. That five per centum of all moneys received during any fiscal year from each national forest into which the lands acquired under this act may from time to time be divided shall be paid, at the end of such year, by the Secretary of the Treasury to the State in which such national forest is situated, to be expended as the state legislature may prescribe for the benefit of the public schools and public roads of the county or counties in which such national forest is situated: Provided, That when any national forest is in more than one State of county the distributive share to each from the proceeds of such forest shall be proportional to its areas therein: Provided further, That there shall not be paid to any State for any county an amount equal to more that forty per centum of the total income of such county from all other sources. Sec. 14. That a sum sufficient to pay the necessary expenses of the commission and its members, not to exceed an annual expenditure of twenty-five thousand dollars, is hereby appropriated out of any money in the Treasury not otherwise appropriated. Said appropriation shall be immediately available, and shall be paid out on the audit and order of the president of the said commission, which audit and order shall be conclusive and binding upon all departments as to the correctness of the accounts of said commission. Approved, March 1, 1911.
1903 PR Luquillo - now Caribbean NF 1907 AR/OK Arkansas - now Ouachita NF 1908 AR Ozark FL Ocala FL Choctawhatchee 1911 FL Florida (combined the Ocala and Choctawhatchee NFs) 1916 NC Pisgah 1918 VA/WV Shenandoah - now George Washington NF VA Natural Bridge - now George Washington NF AL Alabama - now William B. Bankhead NF 1920 NC Boone - now the Pisgah NF GA/NC/SC Nantahala TN Cherokee NC/TN/VA Unaka - now Cherokee, Pisgah, and Jefferson NFs 1924 AL McClellan (part of the Camp McClellan Military Reservation) - rescinded in 1928 SC Jackson (part of the Ft. Jackson Military Reservation) - rescinded in 1928 GA Benning (part of the Ft. Benning Military Reservation) - rescinded in 1927 1925 VA Lee (part of the Ft. Lee Military Reservation) - rescinded in 1928 VA Eustis (part of the Ft. Eustis Military Reservation) - rescinded in 1927 VA Humphreys (part of the Humphreys Military Reservation) - rescinded in 1928 1927 FL Ocala (reestablished) FL Choctawhatchee (reestablished) - transferred to War Department in 1940 1925 KY Knox (part of the Ft. Knox Military Reservation) - rescinded in 1928 1928 WV Monongahela 1930 LA Kisatchie Purchase Unit - established in 1936 1931 FL Osceola 1936 FL Apalachicola MS Bienville MS Holly Springs MS De Soto GA Chattahoochee SC Francis Marion SC Sumter AL Conecuh AL Talladega MS Homochitto NC Croatan TX Angelina TX Davy Crockett TX Sabine TX Sam Houston 1937 KY Cumberland - now the Daniel Boone NF 1959 GA Oconee (formerly Bankhead-Jones land) MS Tombigbee (formerly Bankhead-Jones land) AL Tuskegee (formerly Bankhead-Jones land) 1960 AR St. Francis (formerly Bankhead-Jones land) 1961 MS Delta (formerly part of Delta Purchase Unit) NC Uwharrie (formerly part of Uwharrie Purchase Unit) REFERENCES Albert, Frank A. 1949. "Rebuilding a Southern Forest [Bienville NF]." Pp. 339 342 in Trees: The Yearbook of Agriculture. Washington, DC: U.S.G.P.O. Allen, Shirley W. 1925. "National Forests for the Eastern Half of the United States." Pp. 69 73 in Proceedings of the Southern Forestry Congress. Chapel Hill, NC: Southern Forestry Congress. Allen, Shirley W. 1929. "Creation of the Ouachita National Park [Forest] Narrowly Averted." Journal of Forestry, Vol. 27, #3 (Mar): 308 311. Allison, John. 1909. "The Immediate Necessity for Acquiring the Appalachian Forest Reserve." Conference of Governors, Proceedings 1908: 376 383. American Forestry. 1911. "The Appalachian Forests: Putting the New [Weeks] Law into Operations." American Forestry, Vol. 17: 288 293. American Forestry. 1913. "Government Finds Variance in Mountain Surveys." American Forestry, Vol. 19, #10 (Oct): 645. American Forestry. 1915. "Forest Reserves Purchased." American Forestry, Vol. 21, #8 (Aug): 879. American Forestry. 1918. 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Bronson, D. D. 1910. "Report on Arkansas National Forest, with Reference to H.R. Bill No. 21894, 'To Exclude from Arkansas National Forest All Lands Within the County of Montgomery and Restore Same to Public Domain.'" 22 pages. Washington, DC: U.S.G.P.O. Burdette, Don. 1998. "The Cradle of Forestry in America [Pisgah NF]." Alabama’s Treasured Forests, Vol. 17: 28-29. Burnett, G. Wesley. 1983. “South Carolina Forests.” Pp. 614-615 in Richard C. Davis (ed.) Encyclopedia of American Forest and Conservation History. Vol. 2. New York, NY: Macmillian and Free Press. Burns, Anna C. 1983. “Louisiana Forests.” Pp. 363-364 in Richard C. Davis (ed.) Encyclopedia of American Forest and Conservation History. Vol. 1. New York, NY: Macmillian and Free Press. Burns, Anna C. and Ronald W. Couch (ed.). 1994. A History of Kisatchie National Forest. Pineville, LA: USDA Forest Service, Kisatchie National Forest. Butler, Ovid McQuat. 1924. "Need of Increasing National Forests in the East." 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"Thirty Seven Years of Personal Experience and History in The U. S. Forest Service." The Dixie Ranger, August. The story was originally written in 1953. Crittenden, Bob. 1980. "Miss Caroline's Dream Became Louisiana's National Forest." Forests & People, Vol. 30, #3: 24 29. Croker Jr., Thomas Caldwell. 1987. Longleaf Pine: A History of Man and a Forest. R8 FR7. October 1987. Atlanta, GA: USDA Forest Service, Southern Region. Curry, Corliss C. 1983. “Arkansas Forests.” Pp. 29-31 in Richard C. Davis (ed.) Encyclopedia of American Forest and Conservation History. Vol. 1. New York, NY: Macmillian and Free Press. Dawson, William M. O. 1906. "West Virginia Favors Reserves: The Governor of That Commonwealth Argues Strongly for Prompt Action." Forestry and Irrigation, Vol. 12, #6 (June): 289 290. Dean, George W. 1983. “Virginia Forests.” Pp. 671-673 in Richard C. Davis (ed.) Encyclopedia of American Forest and Conservation History. Vol. 2. New York, NY: Macmillian and Free Press. Defebaugh, James E. 1908. "The Appalachian Forest Reserves: A Consideration of Some of the Features of the Forest Reserve Policy of the United States." American Lumberman, Vol. 1713 (Mar. 21): 36 37. Depew, Chauncy M. 1902. "National Appalachian Forest Reserve: Speech in the Senate of the United States Saturday, June 7, 1902." Washington, DC: U.S.G.P.O. Du Puy, William A. 1911. "National Forests for the East." Technical World Magazine, Vol. 16, #1: 31 41. Eldredge, Inman F. 1914. “The Administration of a [Florida] National Forest for Naval Stores.” Proceedings of the Society of American Foresters, Vol. 9, #3 (July): 310-326. Elliott, Charles N. 1939. "Lure of the Chattahoochee: A National Forest in Northern Georgia Where History and Legend Mingle...." American Forests, Vol. 45, #5 (May): 246 252, 270. Elliott, Charles N. 1943. "Black Warrior Goes to War: And the Purpose of One National Forest is Fulfilled." American Forests, Vol. 49, #2 (Feb): 54 57, 92 93. Elliott, S. B. 1917. 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Asheville, NC: USDA Forest Service, Southern Research Station. Twomey, Bill. 1995. "Prescribed Burns Get Public Support in Southeast [Francis Marion NF]." Inner Voice, Vol. 7 (Mar/Apr): 14 15. U.S. Congress, House Committee on Agriculture. 1902. "The National Appalachian Forest Reserve." House Report 1547, 57th Congress, 1st Session. Washington, DC: U.S.G.P.O. U.S. Congress, House Committee on Agriculture. 1908. "Appalachian and White Mountain Forest Reserves: Hearings." 102 pages. Washington, DC: U.S.G.P.O. U.S. Congress, House Committee on Agriculture. 1909. "Acquiring Land for the Protection of Watersheds for the Conservation of Navigable Streams." House Report 2027, 60th Congress, 2nd Session. Washington, DC: U.S.G.P.O. U.S. Congress, House Committee on Judiciary. 1908. "Power of Federal Government to Acquire Lands for National Forest Purposes." House Report 1514, 60th Congress, 1st Session. Washington, DC: U.S.G.P.O. 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USDA Forest Service. 1973. The 40th Year for the National Forests in Mississippi. Jackson, MS: USDA Forest Service, National Forests in Mississippi. USDA Forest Service. 1993. "Thirty Two Years of Forest Service Research at the Southern Forest Fire Laboratory in Macon, GA." GTR SE 77. Asheville, NC: USDA Forest Service, Southeastern Forest Experiment Station. Verrall, Arthur F. 1982. A History of Forest Pathology Research in the South and Southeast. General technical report SO 36, dated May 1982. New Orleans, LA: USDA Forest Service, Southern Forest Experiment Station. R 8. Viquesney, J. A. 1912. "National Forest Reserve in West Virginia [Monongahela NF]." American Forestry, Vol. 18, #12 (Dec): 803 805. Wadsworth, Frank H. 1983. “Puerto Rico and American Virgin Islands Forests.” Pp. 549-550 in Richard C. Davis (ed.) Encyclopedia of American Forest and Conservation History. Vol. 2. New York, NY: Macmillian and Free Press. Walker, Laurence C. and Bobby Johnson (collaborator). 1982a. "Don Young: First Ranger on Davy Crockett National Forest." Texas Forestry, Vol. 23 (May): 6, 8 11. Walker, Laurence C. and Bobby Johnson (collaborator). 1982b. "Young Continues Oral History [Davy Crockett NF]." Texas Forestry, Vol. 23 (June): 7 11. Warren, Sarah T. and Robert E. Zabawa. 1998. "The Origins of the Tuskegee National Forest: Nineteenth- and Twentieth-Century Resettlement and Land Development Programs in the Black Belt Region of Alabama." Agricultural History, Vol. 72: 487-508. Weeks, J. W. 1923. "National Forests in the Eastern States: The Work of the National Forest Reservation Commission." International Interpreter, Vol. 1 #50: 1578 1581 and #51: 1610 1612. Will, Thomas E. 1906a. "New National Forest Reserves; Plea for Preservation of Important Eastern Regions by Federal Government." Forestry and Irrigation, Vol. 12, #12 (Dec): 544 548. Will, Thomas E. 1906b. "The New National Forest Reserves in the Southern Appalachian and White Mountains." American Review of Reviews, Vol. 34, #12 (Dec): 708 711. Will, Thomas E. 1908. "National Forests in the Appalachians." American Review of Reviews, Vol. 37, #4 (April): 450 455. Wilson, James. 1901. “Letter of Transmittal” for the report Forests, Rivers, and Mountains of the Southern Appalachian Region. Washington, DC: U.S.G.P.O. Wilson, James. 1903. "The Proposed Southern Appalachian Forest Reserve." Forestry and Irrigation, Vol. 9, #7 (July): 332 334. Wyman, Lenthall. 1927. "Naval Stores Yield Much Affected by Methods of Chipping [on the Florida NF, later transferred to the War Department]." Pp. 473 475 in The Yearbook of Agriculture. Washington, DC: U.S.G.P.O. Yarnell, Susan L. 1998. The Southern Appalachians: A History of the Landscape. GTR-SRS-18. Asheville, NC: USDA Forest Service, Southern Research Station. PRIVATE PROPERTY TO PUBLIC PROPERTY: THE BEGINNINGS OF THE NATIONAL FORESTS IN THE SOUTH Gerald W. Williams National Historian USDA Forest Service Washington, DC 202-205-0958 ABSTRACT The national forest system began in the spring of 1891 with passage of a bill designed to eliminate problems with previous homestead laws. Attached to the bill was a one sentence amendment that allowed the president to proclaim forest reserves (later called national forests) from the timber covered public domain. The only problem was that the public domain (unclaimed public land) was almost all in the West. As the forest reserves grew in leaps and bounds, there was no federal protection for timber areas in the East. In addition, the timber covered mountains in the Northeast and South were quickly being converted to stumps. There were huge problems with land erosion and timber companies leaving the now cut-over land behind–taxes were often not paid and the lands became the property of the counties and states. In 1911, an act was passed that was intended to resolve the situation. Called the Weeks Act, it allowed the federal government to purchase lands that once had trees/forests. Within a few years, many acres of land were purchased from willing owners and willing counties and states. These lands, after many purchases of often very small pieces of land from hardscrabble farmers and larger units mainly from remaining timber company lands, were converted to national forests by Congress–the first was the Pisgah National Forest in 1916 in the state of North Carolina. Today, there are approximately 25 million acres of national forests in the East (13 million in the South). The unique challenges and obstacles that had to be overcome to establish these national forests in the South, as well as the management problems (including that of the “light burning” controversy) after the national forests were established, are the substance of this paper. 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